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Sansh

STEM OPT to Green card filing

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Hi all,

 

My current status in USA is F-1. Currently I am holding a STEM OPT EAD card and working full time. My STEM OPT expires on July, 2020.  I got married to an US citizen last week. We are planing to start a green card process. So, we know that we need to file form I-485 and I-130. Is there any other forms that we should consider filing?

 

Also, since I am on STEM OPT which expires on July 2020, do I need to file a form I-765 for the EAD?

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**Moved from Student & Exchange Visitor Visas to AOS Work, Student & Tourist visas; OP married a USC and is in the process of adjusting status**


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

30-Mar-2020: N-400 early filing window opens! 🇺🇸

 

 

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On 2/19/2019 at 6:25 PM, Sansh said:

Hi all,

 

My current status in USA is F-1. Currently I am holding a STEM OPT EAD card and working full time. My STEM OPT expires on July, 2020.  I got married to an US citizen last week. We are planing to start a green card process. So, we know that we need to file form I-485 and I-130. Is there any other forms that we should consider filing?

 

Also, since I am on STEM OPT which expires on July 2020, do I need to file a form I-765 for the EAD?

I have asked this question here, i have also asked this on legal websites and I have also asked this to lawyers in person. Let me tell you that we go different responses from different people - lawyer or not lol. 

 

My wife was in the same situation as you. We ended up sending the I-765 with the packet. While the I-765 was being processes, she continued to work on her STEM OPT. When we received the new EAD/travel combo card, my wife informed her employer that her status has changed and she has a new EAD. They asked for a copy and that was it. No issues. So, from personal experience, it doesn't hurt to send one in..specially if you are sending the advance parole form as well. 

Hope this helps and let me know if you have any questions. I know this process can be daunting. 

Edited by AtlToBlr

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Look for guidelines on this site and you will find tons of instructions.

In short, forms are i130, i130A and i485, i864 and i 693. 

Optional but free to apply forms are i765/i131.

 

Whether to file i765/i131 or not?

Your new AOS based EAD (say AOS EAD not to get confused with OPT EAD) application is independent of your current OPT EAD. If you apply for it and got AOS EAD, it will have no impact on your current OPT EAD and ur F1 status as long as you don’t use it. So i say submit the form so that you can use your AOS EAD for work  in case your OPT EAD expires before you get your GC. 

 

If you use AOS EAD, then you are no longer in F1 status but in pending AOS status. 

 

Having AOS based EAD/AP as a backup is good just in case you get laid off from ur 

current job and u don’t find employers to offer you job with OPT EAD or when you need to travel abroad.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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